What is a Divorce Deposition?

What is a divorce deposition? Just like each marriage is different, each divorce case is also different. Some divorces are uncontested with few major issues and with couples agreeing on a settlement relatively easily and efficiently. Other divorces may have complex family law issues, such as high asset property division, enforcement of a premarital agreement, child custody battles, alimony battles, and much more. More complicated cases will understandably require more time, energy, and legal tools to settle all of the necessary issues. One such legal tool that is used in some complex cases is the deposition.

What to Expect From a Divorce Deposition

A divorce deposition is a method of gathering answers to various questions in a legal case. A divorce deposition does not take place in a courtroom, but instead generally takes place in an attorney’s office or conference room. Both attorneys will be present, as well as a court reporter who takes down the transcript of all of the questions and answers. The individual being questioned may be a party to the divorce (i.e. one of the spouses) or an outside individual serving as a witness. While depositions may be more costly than other methods of obtaining answers, sometimes this is the best way to receive the thorough answers you need for the best outcome in your case.

Though a deposition may seem more informal than a court proceeding, telling the truth is just as important as if you were in front of a judge. Making false statements in a deposition can result in allegations of perjury, which can be a felony under California law. For this reason, you should always be honest in answering deposition questions. The same goes if you do not know the answer to a question–admitting you do not know is usually the best thing. Furthermore, you should always admit when you do not understand a question because, if you do not say anything, the court will assume you understood.

Prior to a deposition, a quality attorney should always prepare you for what to expect during the process. An attorney should remind you that a deposition is not the time to argue or get emotional regarding your spouse or other matters. You should also avoid talking over one another during the deposition so the court reporter gets a completely accurate version of the transcript.

All in all, depositions in divorce are not very common. However, they do occur and they can be an important tool in particularly complicated cases. A skilled family law attorney should be able to recognize when a deposition is appropriate in your case.

Whether your divorce has few issues or numerous complexities and contentions, you should always have the assistance of an experienced divorce attorney. A divorce lawyer can identify the different issues you will face and the most efficient ways to handle those divorce issues, such as depositions or alternative dispute resolution techniques. If you are facing divorce, call the Santa Rosa law office of Beck Law, P.C. for assistance today.